We’re always scouring the internet for news and stories related to workers’ compensation in Minnesota, and recently we read about an interesting case that highlighted an important point we always drive home to clients. The story involved a property manager’s quest to get injury compensation after worsening a pre-existing back injury on the job, and it highlights the importance of assuming that you are always being watched after a work injury. Below, we take a closer look at that case and explain why you should assume the insurance company is always watching after your work injury.
Assume You’re Being Watched
Before we dive into the main point of this blog, which is to always assume that you are being watched after a work injury, let’s break down that interesting case. You can read the full report over on WorkersCompensation.com, but we’ll give you the quick recap below:
- A property manager, who had previously been treated for neck and back issues by her primary care physician, developed low back and neck pain after clearing heavy, wet snow at work.
- Her doctor gave her a number of physical restrictions, including not lifting more than 10 pounds, no vacuuming, no mopping and no repetitive twisting, among other things. The doctor also took her off of work completely due to her symptoms.
- The employer and insurer conducted video surveillance on the employee, and they recorded her walking without an altered gait or using a cane, standing, sitting in her car, bending at the waist, shopping at a store and garage sale, reaching overhead, pushing a shopping cart, bagging purchased products, and carrying four bags of purchases up three steps at her home.
- The woman was asked to partake in an independent medical exam, and the IME doctor wrote that the woman did not suffer any new injury or aggravate a previous injury when shoveling snow.
- The insurance company filed a Notice of Intention to Discontinue Benefits (NOID). They stopped making payments, the woman appealed, and the Minnesota Workers’ Compensation Court of Appeals sided with the IME physician and the insurance company.
Now, we’re not saying that the woman was lying about her symptoms, because it’s highly likely that her back hurt after shoveling heavy snow due in part to previous back and neck issues, but it’s likely that it was more of a temporary issue and not a more significant aggravation of a previous injury. We’re also not saying that the woman should have faked symptoms when out in public if she truly was able to perform all the activities she was seen doing on video, because that would be fraud. But she should have assumed that she was being watched, and if she was healthy enough to do all of those activities, she should have welcomed the NOID or returned to work on her own.
You can always accept the ruling of a second physician or an IME provider, even if they disagree with your first physician. Just be aware that if you try to move forward with the opinion of the physician who gave you a greater impairment rating that you will likely run into some pushback from the insurance company. But if one doctor gives you restrictions and another doesn’t, and you want to return to work, you can choose to follow the advice of the less-restrictive doctor.
It’s fine if your symptoms have healed faster than expected, or you’re not as injured as documented in your report after some time has passed. Because if you try to play up those symptoms at work during light duty or you ignore restrictions outside of the office, you may get caught by a surveiller working for the insurance company. It’s rare, but it happens way more than you’d imagine. Always assume that you are being watched after a work injury, even when you’re off the clock, and there will be nothing for the other side to expose.
For help with your workers’ compensation or personal injury case, reach out to the team at Hey Workers today at (844) 439-9675.
